Presentation on theme: "The US Food Safety Modernization Act (FSMA) What Must I do to Prepare?"— Presentation transcript:
1The US Food Safety Modernization Act (FSMA) What Must I do to Prepare? Japan External Trade OrganizationTokyo – 16 February 2015Kobe – 17 February 2015
2OFW Law located in Washington, D.C., is a leader in implementation of the US Food Safety Modernization Act. OFW lawyers work closely with the US FDA to represent client interests and are helping food companies comply with thousands of pages of new FDA regulatory proposals and requirements.OFW Law is unique in that the firm includes a medical doctor, a pharmacist, a plant biologist, and a veterinarian. OFW’s Senior Policy Advisors have scientific expertise to assist clients with technical matters and OFW has close relations with third party accreditation and certification organizations.
3OFW Law A Leader in FSMA Compliance Bruce Silverglade, PrincipalOFW LawWashington, D.C.Tel:Fax:It is good to be back in Japan again and I am pleased to meet all of you.
4FSMA – What Must I Do to Prepare? Part I – Rules in Preventive Controls regulation requires food suppliers to create a “Food Safety Plan”Part II – Rules for Foreign Supplier Verification Program require food importers to verify their suppliers use risk-based preventive controls that provide the “same level of public health protection” as US requirementsThis presentation is for informational purposes only. It does not constitute legal advice.This presentation is based on the latest versions of the US FDA’s proposed regulations, which may change when FDA issues final regulations later this year.
5FSMA – What Must I Do to Prepare? Several important areas are beyond the scope of today's presentation:FDA regulation of safety standards for produceFDA regulation of sanitary transportation of foodFDA regulation regarding intentional contamination of foodAdditional information available upon requestFDA is issuing 50 new regulations, guidance documents, reports and studies required by FSMA. Not all can be covered in today’s presentation.
6FSMA – Basic Change in US Law FSMA makes fundamental changes in US food law – a preventive approachPlaces responsibility on food manufacturers and suppliers to have preventive controls to ensure food is safePlaces responsibility on food importers to verify imported foods and foreign suppliers, instead of relying only on port-of-entry inspection
7FSMA Compliance Dates Court-ordered deadlines for final rules: Preventive Controls for Human/Animal Food – Aug. 30, 2015Foreign Supplier Verification Programs – Oct. 31, 2015Third Party Auditor Accreditation – Oct. 31, 2015Produce Safety – Oct. 31, 2015Sanitary Transportation of Food – March 31, 2016Intentional Adulteration – May 31, 2016“Small businesses” under US law have fewer than 500 employeesUnder FSMA, “very small businesses” have less than US$1 Million dollars in annual sales of food
8FSMA Compliance DatesFDA promises to give all companies months to comply (from date of final regulation)Small and very small businesses have 1 and 2 extra years to complyNow is the time to prepare
9► PRACTICAL CONSIDERATIONS Start preparing now based on US FDA’s proposed regulationsNecessary personnel and consultants needed to implement new requirements will be more difficult to find near the deadline for compliancePreparing now may provide competitive edge
10Part I – FDA Preventive Controls Regulation for Human Foods
11FSMA Preventive Controls – Who is covered? Foreign and domestic facilities that are required to register with FDACertain exemptions or modified requirements apply as follows . . .
12Preventive Controls – Exemptions Foods subject to US FDA seafood or juice regulationsLow acid canned foodsCertain fruits and vegetables subject to separate FSMA regulation for produce safetyMeat/poultry subject to US Department of Agriculture rulesMost alcoholic beveragesDietary supplements complying with FDA regulationsFarmsFarms - Farms that pack or hold another’s food (but still covered by FDA produce safety regulation)Farming activities of mixed-type facilities that also process foodCertain low-risk on farm manufacturing/processing activities conducted by a small or very small businesses
13Preventive Controls – Who is Covered by Modified Requirements? Very Small Businesses – Documented proof that annual food sales are less than US$1 Million (adjusted for inflation). Such companies are exempt, but must still submit documentation demonstrating that the owner, operator or agent for the facility has identified potential hazards, is implementing preventive controls, and is monitoring the performance of those controls . . .BUT, documentation may consist of licenses, certificates, permits, certifications, or inspection reports that the facility is in compliance with relevant laws and regulations of foreign countries
14► PRACTICAL CONSIDERATIONS Determine which of your facilities and products are covered by US FDA’s proposed preventive controls regulationFacilities solely engaged in the storage of packaged foods not exposed to the environment (shelf-stable products) are also exempt if they are not subject to time/temperature controls for food safety reasons.
15What Should I Do If I Will be Covered by FDA Preventive Controls Regulation? Assign responsibility to an employee or consultant who is a “Qualified Individual” (QI) to . . .Prepare a written food safety plan . . .For each type of food manufactured, processed, packed, or held by the facilitySigned and dated by the owner, operator, or agent in charge of the facility
16Appointment of a “QI”A “QI” is defined as “a person who has successfully competed training in the development and application of risk-based preventive controls at lease equivalent to that received under a standardized curriculum recognized as adequate by FDA or is otherwise qualified through job experience to develop and apply a food safety system
17► PRACTICAL CONSIDERATIONS Determine whether any existing staff can serve as a “QI” - consider need for additional trainingIn House QI allows for immediate reassessments of food safety planAlternatively, determine if use of outside consultants is necessaryDetermine if records should be reviewed by outside party to verify compliance
18► PRACTICAL CONSIDERATIONS Assemble a food safety team supervised by “QI”Team should include staff from operations, quality assurance, scheduling, maintenance, sanitation, and other departments
19Your Food Safety Plan Must Include: 1. Hazard analysis2. Preventive controls3. Validation4. Monitoring5. Corrective actions6. Verification7. Record keeping
20Food Safety Plan 1. What is a Hazard Analysis? A Hazard Analysis must review known or reasonably foreseeable biological, chemical (including radiological), and physical hazards to determine if they are “significant”“Significant hazards” are reasonably foreseeable hazards for which a person knowledgeable about the safe manufacturing, processing, packing, or holding of food would (based on the outcome of a risk analysis) establish controls to significantly minimize or prevent the hazard and (take steps) to manage those controls -- such as monitoring, corrective action, verification, and recordkeepingChemical Hazards include undeclared allergens, pesticide residues, heavy metals, unapproved additives, and radiological hazards.Radiological Hazards include radio nuclides such as radium-226, radium-228, uranium-235, uranium-238, strontium-90, iodine-131, and cesium See,
21Food Safety Plan What is a Hazard Analysis? Includes economically motivated adulterationShould be risk-based considering the severity of the illness or injury that might occur, the probability of potential illness, andIncludes environmental pathogens if the product is ready to eat and exposed to the facility environment and does not receive a treatment to control pathogens after packaging
22Food Safety Plan The Hazard Analysis Should Consider: The formulation of the food/raw ingredientsThe design of the equipment and facilityTransportation practicesProcessing proceduresPacking and labeling practicesStorage and distributionThe intended foreseeable use of the food (e.g. children)Employee hygieneOther relevant factors
23► PRACTICAL CONSIDERATIONS A HAACP plan is not enough by itselfSome preventive controls may not pertain to critical control pointsEven if you have a HAACP plan, it may need to be reviewed and possibly revised
24Food Safety Plan 2. What are Preventive Controls? Processes Select appropriate preventive controls, e.g. process controls, sanitation, allergen controls, temperature controls, and a recall planIncludes parameters for temperature, time/temperature, pH, or water activity, in situations such as heat treating, acidifying, dehydrating, refrigerating, chilling, brining, high pressure processing, ultraviolet light treatment, washing with antimicrobial agents
25Food Safety Plan What are Preventive Controls? Allergens Allergen controls – may include:physical barriersproduction sequencingequipment cleaningrestricting movement of personnel and utensils within the facilityminimizing formation of dust, aerosols, splashes,label proceduresThe US Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004 requires that the label of a food that contains an ingredient that is or contains protein from a "major food allergen " declare the presence of the allergen.FALCPA identifies eight foods or food groups as the major food allergens. They are:milk,eggs,fish (e.g., bass, flounder, cod),Crustacean shellfish (e.g., crab, lobster, shrimp),tree nuts (e.g., almonds, walnuts, pecans),peanuts,wheat,Soybeans.More than 160 foods have been identified to cause food allergies in sensitive individuals. However, the eight major food allergens identified by FALCPA account for over 90 percent of all documented food allergies in the U.S. and represent the foods most likely to result in severe or life-threatening reactions.
26Food Safety Plan What are Preventive Controls? Supplier Oversight Supplier controls for raw materials and ingredients if they have a “significant hazard”Supplier controls may include:Periodic on-site audits of the supplier (performed by a “qualified auditor” but not necessarily a FDA accredited third-party auditor)Sampling/testing of the raw materials or ingredientsReview of supplier’s food safety recordsOther reasonable methodsThis requirement only applies to manufacturers and processors, NOT to packers or holders.
27Food Safety Plan What are Preventive Controls Food Safety Plan What are Preventive Controls? Supplier Oversight (con’t)The choice of supplier verification activities is flexible, BUT• If there is a reasonable possibility that a significant hazard could result in serious adverse health consequences or death to humans or animals (“SAHCODHA”), facility must conduct onsite audit of supplier annually (unless manufacturer or processor documents that other verification activities are adequate)SAHCODHA includes a Class I recall, but FDA says the definition may cover additional circumstances not rising to the level of a Class I recall.Here is how FDA currently classifies Recalls:Class I Dangerous or defective products that predictably could cause serious healthproblems or death. Examples include: food found to contain botulinum toxin,food with undeclared allergens.Class II Products that might cause a temporary health problem, or pose only a slightthreat of a serious nature.Class III Products that are unlikely to cause any adverse health reaction, but that violateFDA labeling or manufacturing laws. Examples include: a minor container defectand lack of English labeling in a retail food.
28Food Safety Plan What are Preventive Controls? Recall Plan The preventive controls portion of a food safety plan must include a recall planThe recall plan must include steps to be taken (and the responsible employees) for notifying direct consignees of a recall, conducting effectiveness checks, and appropriate disposition of the recalled product
29Food Safety Plan 3. Validate Preventive Controls A QI (employee or consultant) must validate and document the preventive controls by collecting and evaluating information (contained in scientific publications, government documents, technical information from equipment manufacturers or the company’s own studies) determining that the Food Safety Plan will control all significant hazards(Validation is not required for sanitation controls, allergen controls, supplier controls, or the recall plan)
30► PRACTICAL CONSIDERATIONS • Ensure that your preventive controls are effective• For example, does your time and temperature control eliminate biological concerns in your product (under the conditions that you produce the product)?
31Food Safety Plan 4. Monitoring Procedures The form of monitoring depends on the type of preventive control being utilized (e.g. visual observation, measurement of parameters, etc.)The frequency of monitoring must be sufficient to ensure that preventive controls are consistently performedMonitoring must be documented, including name and signature of employee, and date and time
32► PRACTICAL CONSIDERATIONS You must monitor your preventive controls frequently enough to ensure all your product is acceptableMonitoring must be documented in “real time”
33Food Safety Plan 5. Corrective Actions Corrective actions must be taken whenever:A preventive control is not implemented or is ineffectiveA review of verification records finds appropriate decisions about corrective actions were not taken or that records are incompleteThe manufacturer or processor learns that a supplier is not controlling significant hazards in a raw material or ingredient
34Food Safety Plan Corrective Actions Corrective actions must be taken whenever:Product testing reveals a pathogen or indicator organism in a Ready-to-Eat foodEnvironmental monitoring reveals the presence of an environmental pathogen or indicator organismAppropriate corrective actions depend on the situation but generally include:- Identifying and correcting the problem- Evaluating all affected food for safety- Preventing all affected food from entering commerce until determining it is safe
35► PRACTICAL CONSIDERATIONS Establishing corrective action procedures:Determine what corrective actions you will take if monitoring indicates preventive controls were not properly performedAddress investigation of what caused the failureEnsure all affected product is controlled from the last acceptable checkDetermine needed preventive measures
36Food Safety Plan Corrective Actions If failure involves a sanitation or allergen control, only timely correction of the problem is required; detaining the affected food is not necessary
37Food Safety Plan 6. Verification A designated employee (other than the employee conducting the monitoring) must periodically verify the monitoringVerification of monitoring must be documented with employees name, signature, date and timeA QI must verify and document with signature, date and time appropriateness of all corrective action decisions
38Food Safety Plan Verification The owner, operator, or agent must verify implementation and effectiveness of preventive controlsYou must verify that your equipment and procedures will produce the necessary parameters to allow all product to meet your control pointsCalibration of monitoring instruments on a regular basisReview, under the oversight of a QI, monitoring, corrective action records, calibration records, and if applicable, environmental monitoring records and/or product testing records
39Food Safety Plan Verification Verification must include environmental monitoring if the hazard analysis identifies an environmental pathogen as a significant hazard in a Ready-to-Eat food exposed to the facility environment and not receiving a lethal treatment after packagingFDA sought further public comments
40► PRACTICAL CONSIDERATIONS An environmental pathogen (e.g., Salmonella, Listeria monocytogenes) is identified as a “significant hazard” and the product is exposed to the environment prior to packaging and does not receive an effective treatment after packaging
41► PRACTICAL CONSIDERATIONS Examples:Rice is cooked and then cooled and packaged - as soon as the rice is below lethality temperature, it may become contaminated through post-lethality exposure prior to packagingIngredients are assembled into a food boxThere is no lethality step in the process so all steps in the process prior to packaging provide post-lethality exposure concerns
42Food Safety Plan Verification Verification must include product testing if it is determined to be appropriate to verify the effectiveness of a preventive controlSuch requirements would be tied to risk andaddressed through flexible written procedures that would address both test procedures and corrective action plansFDA sought further public commentFor example, product testing may be appropriate when:Two environmental samples taken from food contact surfaces indicate a pathogen, orWhen monitoring determines that CGMP or SSOP were not followed, orTo verify that CGMPs and SSOP are preventing contamination after a lethality treatment
43► PRACTICAL CONSIDERATIONS Develop a product testing program:To provide verification that your preventive controls are effective in controlling the hazardIf you are required to do environmental monitoring, and if you have a positive test result, you will need to commence intensive environmental monitoring and consider product testing as a verification measure
44Food Safety Plan Verification Environmental monitoring and product testing procedures must:Be scientifically validIdentify the test microorganismIdentify potential sampling sitesIdentify the timing and frequency of samplingIdentify the tests conducted and methods usedIdentify the laboratory conducting the testingInclude corrective action procedures taken in the event of a positive test result
45Food Safety Plan Verification The Food Safety Plan must be reanalyzed at least every three years or sooner if:There is a significant change in the activities at the facilityThe manufacturer/processor becomes aware of new information about a potential hazardA preventive control is not implemented or is found to be ineffectiveReview of verification records finds records incomplete or appropriate corrective actions not taken
46Food Safety Plan Verification Reanalysis of Food Safety Plan must be overseen by a QIThe revised plan must be signed and dated by the owner, operator, or agent in charge of the facilityReanalysis must be documented including the basis for concluding that no change is needed if that is the case
47Food Safety Plan 7. Recordkeeping Existing records may be usedIt is not necessary that all records be combined in one document, provided they can be made available to US FDA within 24 hoursElectronic records meeting US FDA requirements are acceptableRecord retention is generally 2 yearsThe Food Safety Plan itself must be retained for 2 years after it was reanalyzed.
48Food Safety Plan Recordkeeping Food Safety Plan (including written hazard analysis, preventive controls, validation records, supplier control program, monitoring procedures, corrective action procedures, verification procedures and recall plan)Training records for QI and QASupplier control, monitoring, corrective action, and verification records (including environmental monitoring and product testing if applicable)
49Food Safety Plan Recordkeeping Supplier control records must include:The supplier program (including selection of supplier verification activities and frequencyRecords of US FDA or other foreign inspections, if relied onDocumentation that raw materials and ingredients are received only from approved suppliersDocumentation of corrective actions taken in response to supplier non-conformance
50► PRACTICAL CONSIDERATIONS RecordkeepingMust document everything!If you don’t record it, it didn’t happenIf FDA inspects your facility, they will expect to see all of your records
51► PRACTICAL CONSIDERATIONS Costs of exporting to US will increaseBut compliance will build confidence in food safety systemsCompliance may provide competitive edge around the world
52► PRACTICAL CONSIDERATIONS US FDA will eventually supply model Food Safety PlansFood Safety Preventive Controls Alliance to develop training courses and materials, See
53Part II – FSMA Foreign Supplier Verification Program (FSVP)
54FSVP – Determining Who is the “Importer” FSMA requires food importers to have foreign supplier verification programs (FSVP), recognizing that traditional port of entry inspection is no longer sufficientThe “importer” for legal purposes is the person in the US who has purchased the food for import in the US.If the food has not been sold to a person in the US at the time of US entry, the “importer” is the person in the US to whom the food has been consigned at the time of entry.If there is no US owner or consignee, the foreign owner or consignee of the food must designate a US agent or representative as the “importer”The “importer” for legal purposes is not necessarily the importer of record, such as a customs broker who pays import duties.Thus, many companies that do not normally think of themselves as importers will for legal purposes be “importers” subject to US FDA FSVP regulations.
55FSVP – Identifying the Importer Importers must obtain a “DUNS” numberDUNS (Dun and Bradstreet Data Universal Numbering System) is an internationally recognized business entity listing system that assigns companies a unique identification numberFor each line entry of food, the name of the “importer” and the DUNS number must be provided electronically when filing entry with US Customs and Border Protection
56FSVP – Who is NOT Covered? Exemptions for juice, seafood, alcoholic beverages, dietary supplements in compliance with US laws for those productsFoods imported for research, personal use, transshipped through US, or imported for exportUS FDA is considering an exemption for food imports where importer and foreign supplier are part of the same corporate family and subject to a single food safety system“Comparable” is more flexible standard to meet
57►PRACTICAL CONSIDERATIONS While comment period is officially over, FDA may still receive information about how this proposed exemption should applyImporters that are part of the same corporate family as the foreign supplier, and subject to a single food safety system, should consider providing information to the US FDA demonstrating why an exemption is appropriate57
58FSVP – Who is Subject to Modified Requirements? Very small importers defined as less thanUS$ 1 Million in annual sales of food adjusted for inflationFood from very small foreign suppliers (less than US$1 Million annually)Food from suppliers in countries with food safety systems recognized by US FDA as “comparable” or “equivalent”
59US FDA - Elements of FSVP 1. Appoint a “Qualified Individual”2. Conduct a hazard analysis3. Perform a risk evaluation4. Conduct foreign supplier verification activities5. Investigate complaints and take corrective action6. Reassess your FSVP program7. Recordkeeping
60FSVP – “Qualified Individual” A “qualified individual” (QI) must perform most FSVP activities including:Hazard analysisRisk evaluationMost verification activitiesInvestigations and corrective actionsReassessments of the FSVP
61FSVP – “QI” DefinedA “QI” is defined as “a person who has the necessary education, training, and experience to perform the activities needed to meet the requirements” of the FSVP regulations.May be a foreign government employeeNeed NOT be an accredited 3rd party auditor
62FSVP – Qualified Individual QI can be employee of importer (or outside consultant)BUT- Must not have a financial interest in the foreign supplier- Payment to the QI cannot be based on the results of the activity
63►PRACTICAL CONSIDERATIONS May have to hire additional staff to serve as “QI”May need to use consultants from outside your company63
64FSVP – Hazard AnalysisImporter must, in writing, identify and evaluate (based on experience, illness data, scientific reports) “known or reasonably foreseeable” hazards to determine if any are “significant hazards”Importer must also consider hazards that may be intentionally introduced for unjust economic gain, especially if “economic adulteration” had occurred in the past and is reasonably foreseeable (examples – melamine, lead in dyes used to color spices)
65FSVP Hazard AnalysisImporter’s hazard evaluation must include an evaluation of environmental pathogens whenever a ready to eat food is exposed to the environment before packaging and the food does not receive a treatment to significantly minimize the pathogen
66FSVP- Hazard AnalysisImporter need NOT prepare a hazard analysis if foreign supplier has already done so as part of a food safety plan required by US FDA’s preventive controls regulationImporter must review and assess supplier’s hazard analysis
67►PRACTICAL CONSIDERATIONS Doing business with foreign suppliers that have already prepared a hazard analysis meeting US FDA regulations may save the importer time and money!67
68FSVP Risk EvaluationImporter must perform “risk evaluation,” considering:The hazard analysisWhich entity will control the hazards identifiedThe foreign supplier’s food safety practices and procedurespractices)
69FSVP Risk Evaluation – Importer must perform “risk evaluation,” considering (cont.) Applicable US FDA food safety regulations and the foreign supplier’s compliance history (including Warning Letters,Import Alerts,The foreign supplier’s food safety performance history (e.g., audit results, record of correcting problems)Any other appropriate factors (e.g., transportation)
70FSVP Verification Activities Importers are able to choose from:On-site audits of foreign supplier by “qualified auditor” (need not be FDA accredited auditor, but must have proper training and experience)Sampling/testing of imported foodReview of supplier’s food safety recordsOR,Other appropriate verification activitiesInstead of on-site audit, importer may rely on inspection of supplier by US FDA or foreign safety authority recognized by the US FDA as “equivalent” or “comparable”
71FSVP Verification Activities HOWEVER,If there is a reasonable probability that an imported food presents a “SAHCODHA” hazard, the importer must conduct annual on-site audits using “Qualified Auditor”UNLESS, importer documents that other verification activities (or less frequent on-site audits) provide adequate assurance that hazard is controlled
72►PRACTICAL CONSIDERATIONS If your imported food involves a SAHCODHA hazard, start identifying “QAs” nowCapacity of 3rd party auditing industry is expanding but limited72
73►PRACTICAL CONSIDERATIONS Obtain information on US FDA enforcement priorities to determine when to “play it safe” and utilize accredited 3rd party auditor even though not required by FDA regulationsMay provide an extra degree of protection from FDA scrutiny73
74FSVP Verification Activities Importer must retain documentation of each on site audit includingDate of auditProcedures used for auditConclusions and results of auditany corrective actions taken in response to significant deficiencies. . . but Importer need not maintain full audit report as a require record
75FSVP Verification Activities Sampling and Testing Sampling and testing may be performed by the importer or the supplierDetailed documentation must be retained
76FSVP Verification Activities Hazard Analysis NOT required if:No significant hazards are identifiedImporter controls all significant hazardsImporter's customer controls all significant hazards and the importer annually obtains written assure that its customer is following procedures to significantly minimize or prevent the hazards
77FSVP Verification Activities If foreign supplier is a farm not subject to FDA’s produce safety regulation, importer must obtain written assurance every 2 years that the supplier produces food that complies with US law
783rd Party Auditors Can Conduct On-site Audits and Certify to Internationally Recognized Schemes
79Global Food Safety Initiative Private sector effort by to improve food safetyUS FDA has not yet stated its position regarding GFSI schemes but promises to rely on existing private standardsFDA states: “The Federal Government recognizes that rigorous voluntary certification programs can provide assurance that products meet US requirements”
80FSVP Verification Activities Use of “Accredited” Auditors Although the FSVP does not require the use of “accredited” third-party auditors, FDA anticipates that importers may increasingly rely on audits by “accredited” third partiesFDA may mandate use of “accredited” auditors for foods that FDA determines pose a safety risk, or in determining whether an importer is eligible for expedited entry of food into the US under the Voluntary Qualified Importers Program.FDA may set inspection priorities based on whether importer uses accredited 3rd party auditorsFDA has published a separate proposed regulation setting forth rules for officially accrediting 3rd party auditors and their accreditation bodies
81FSVP – PRACTICAL CONSIDERATIONS Obtain advice and counsel on when to “Play it Safe” and use on-site auditing by accredited auditor or when to avail oneself of the discretion granted by US FDA for alternative supplier verification activitiesStay “in tune” with US FDA enforcement priorities
82FSVP – Investigations and Corrective Actions Importer must promptly review any complaints from customers or consumers and investigate whether complaint potentially involves a food safety hazardImporter must promptly take corrective actionsCorrective actions could include discontinuing use of foreign supplier or modification of importers’ FSVP
83FSVP – Reassessment Procedures Importers must assess the effectiveness of their FSVP at least every 3 years, and when importer becomes aware of new hazards associated with the imported foodReassessments of importers’ FSVP must be documentedAn updated risk evaluation is required
84FSVP - RecordkeepingAll records including supplier assurances, verification activities, corrective actions, and reassessments must be maintained in English!Records must be maintained for 2 years after they become irrelevant (because importer no longer imports the food, has changed suppliers, or changed its FSVP)Records must be maintained at place of business or immediately retrievable by computer for electronic transmission to FDA
85FSVP- Very Small Importers and Food Imported from Very Small Foreign Suppliers Need to maintain and follow a FSVP“QI” must be chosen“Importer” must be identified in customs entry by name and DUNS numberTake appropriate corrective actionMaintain required records
86FSVP- Very Small Importers and Food Imported from Very Small Suppliers BUT –Performance of a hazard analysisConduct of verification activitiesReview of complaints to determine if they relate to adequacy of FSVPReassessment of FSVPARE NOT REQUIRED
87US International Obligations to WTO FSMA must be consistent with World Trade Organization agreementSame standards must be applied to imports and domestically produced foodsAdditional burdens on importers must be “scientifically justified” (SPS Agreement) and subject to WTO dispute resolution process
88FSVP – PRACTICAL CONSIDERATIONS Failure to comply can result in refusal of admission to USEnglish language requirement creates burdens – may necessitate use of outside resources